Garces Restaurants (“Garces” or “we”, “us”, or “our”) located at 990 Spring Garden, Philadelphia, PA 19123, is committed to protecting your privacy. The information you provide to Garces is utilized in order for us to (among other things) provide you with the highest level of customer service reflective of the quality of our brand.
California state law confers certain rights relating to personal information to its residents. If you are a California resident, please also see our California Consumer Privacy Section in this Policy located below
You should read this entire Policy before submitting information to us in any form or using our Site. Whenever you submit personal information to us, you consent to the collection, use, disclosure, transfer, and storage of that information in accordance with this Policy.
We may make full use of all information that is de-identified, aggregated, or otherwise not in personally identifiable form.
We collect personal information about you in the following ways: 1) from you when you voluntarily submit information directly to us; 2) using automated technology, including when you visit our Site, social media, or properties or interact with our electronic advertisements or communications; and 3) using third party sources, including our service providers, analytics providers, through social media and other websites or services we interact with. Automated technology collects information from your computer or mobile device and includes cookies, web beacons, local shared objects, or other similar technology. More information is given below in the "Cookies and Other Technology" section below.
All personal information may be used for the purposes stated in this Policy. We will retain your personal information for the period necessary to fulfill that purpose and as otherwise needed to comply with applicable law and internal company policies. Additionally, your information may be used for future marking purposes by Garces.
We may combine data collected from third party sources.
Statistical Information About Your Visit
Information obtained while visiting our site does not identify you personally, but rather records information about a visit to our site. We may monitor statistics such as how many people visit our site, which pages people visit, and which browsers people use, and other general demographic information. We use these statistics about your visit to help us improve the performance of our web site and over all user experience.
Intended Audience of Websites; COPPA Compliance
We are in compliance with the requirements of the Children's Online Privacy Protection Act (“COPPA”). We do not knowingly collect information from minors in the United States or elsewhere with or without the consent of their parents or guardians. If you are not 16 or older, you should not visit or use our Site or social media accounts. If you become aware that a child has provided us with personal information without appropriate consent, then please contact us using the details below so that we can take the appropriate steps in accordance with our legal obligations and this Policy.
Your Ability to Opt-Out of Further Notifications
Periodically, we notify our customers of new products, announcements, and updates. If you would like to opt-out of being notified, please click the unsubscribe link found at the bottom of any marketing email or by submitting a request using our Privacy Information form .
THIRD PARTY ADVERTISING AND ANALYTICS DISCLAIMER
Examples of our third-party service providers to help deliver our services or to connect to our services include: Google Analytics:
We use Google Analytics to understand how our website, services, and products perform and how you use them. To learn more about how Google processes your data, please visit https://www.google.com/policies/privacy/ . To opt out of Google Analytics please visit https://tools.google.com/dlpage/gaoptout.
Remarketing Services: We use remarketing services to inform, optimize, and serve ads on third-party websites to you based on your use of our Site and social media. For more information regarding targeted advertising and to learn about your own choices in connection with it, please visit http://www.aboutads.info/choices. If you choose to opt out, you will continue to receive advertisements but they will not be tailored to your interests.
Facebook: We use Facebook to advertise and market our services to you. To learn more about how Facebook uses your data please visit https://www.facebook.com/help/325807937506242/ or log on to your Facebook account and access your settings. To understand more about Facebook advertising please see here https://www.facebook.com/about/ads.
This Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices.
If you have any questions or concerns about this Policy, please submit your question using our Privacy Information form.
CALIFORNIA CONSUMERS ONLY: Your California Privacy Rights
The purpose of this section is to inform California residents from whom we may collect personal information about certain rights California affords to its residents with respect to personal information.
RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED, DISCLOSED OR SOLD
You have the right to request that we disclose to you the following information about personal information we collect from you:
- categories of personal information collected;
- categories of sources of personal information collected;
- the business or commercial purpose for collecting or selling personal information;
- the categories of third parties with whom we share personal information; and
- the specific pieces of personal information we have collected about you over the past 12 months.
You also have a right to know if we have sold or disclosed your personal information for a business purpose over the past 12 months and, if so, the categories of personal information sold or disclosed and the categories of third parties to whom the personal information was sold or disclosed, along with the business or commercial purpose for which the personal information was sold or disclosed.
Requests to Know
To make a request for any of the information set forth above (a “Request to Know”), please submit a verifiable consumer request pursuant to the instructions below. You may only make a Request to Know twice within a 12-month period. We will acknowledge your Request to Know within 10 days and will attempt to respond substantively within 45-90 days.
The Request to Know must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request.
You can make a Request to Know the personal information we have about you in the following ways:
- You may make a request here: California Consumer Request
You may also make a request by phone by contacting us at 267-284-7957.
- Once we receive your Request to Know, we will begin the process to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. You will be asked to provide us with two or three pieces of information that will help us to verify your identification.
Within the past 12 months, we have collected the categories of personal information about California consumers as described in this Policy in the section labelled “Information Collection and Use of Information.
Information Sold or Disclosed
We have not sold any personal information to third parties for a business or commercial purpose in the preceding 12 months.
We do not sell the personal information of individuals under 21 years of age without affirmative authorization.
You have the right to request the deletion of your personal information collected or maintained by us (“Request to Delete”), subject to certain exceptions permitted by law.
To make a Request to Delete, please submit a verifiable consumer request pursuant to the instructions below. You may only make a Request to Delete twice within a 12-month period. We will acknowledge your Request to Delete within 10 days and will attempt to respond substantively within 45-90 days.
The Request to Delete must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request. Additionally, as permitted by law, if the information requested to be deleted is necessary for us to maintain, we will not be able to comply with your request. We will notify you if this is the case.
A Request to Delete requires two steps: 1) making the Request to Delete and 2) confirming that you want your information to be deleted.
You can make a Request to Delete in the following ways:
- You may make a request here – California Consumer Request
You may also make a request by phone by contacting us at 267-284-7957.
Once we receive your initial request to delete and your separate confirmation to delete, we will need to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records.
Depending on the sensitivity of the personal information you are requesting to delete, we may need to match two or three pieces of identifying information from your request with information our records. If your request to delete involves deleting very sensitive information, we may also need a signed declaration stating that you are the consumer whose personal information is the subject of the request.
We will retain correspondence, documents and information related to any Request to Know, Request to Delete, or Request to Opt-Out for 24 months as required by law.
RIGHT TO OPT-OUT OF SALE OF PERSONAL INFORMATION
You have the right to opt-out of the sale of your personal information. We do not and will not sell your personal information. [f this changes in the future, we will provide you with required notice and the right opt out.
RIGHT TO NON-DISCRIMINATION FOR EXERCISING CONSUMER PRIVACY RIGHTS
You have the right not to receive discriminatory treatment for exercising your privacy rights conferred by the California Consumer Privacy Act, including by exercising the rights specified herein.
AUTHORIZED AGENT INFORMATION
You may designate an authorized agent to make a request on your behalf under the California Consumer Privacy Act.
In order to allow an authorized agent to make a request on your behalf, please contact us at California Consumer Request to provide your written request and consent to an authorized agent.
When your authorized agent makes a request related to your personal information, we will require the agent to provide written permission. We may also require that you verify your own identity directly with us at the time such a request is made.
California Do Not Track Notice:
Because there are not yet common, industry accepted “do not track” standards and systems, our website does not respond to Do Not Track signals. In addition, we may allow third parties to collect personal information from your activity on our website, as described in the “Information Collection and Use” section above.
CONTACT FOR MORE INFORMATION
For information and questions about the use of your personal information or this California Consumer Privacy Section or your rights under California law, you may contact us at California Consumer Request
Garces Gift Card and Loyalty Terms
The following Garces Gift Card Agreement describes the terms and conditions that apply to the prepaid account of your Garces Gift Card. By using your Garces Gift Card, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.
About Your Account
The Garces Gift Card is issued to you by Garces. It allows you to load a dollar value on to your Garces Gift Card for future purchases at participating Garces restaurants*. The dollar value that you assign to your Garces Gift Card is a prepayment only for the goods and services of participating Garces restaurants. No credit card, credit line, overdraft protection or deposit account is associated with a Garces Gift Card. Unless otherwise required by law or permitted by this agreement, any amount on your Garces Gift Card is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to a Garces Gift Card will accrue or be paid or credited to you by Garces Restaurant Group, Inc. The value associated with the Garces Gift Card is not insured by the Federal Deposit Insurance Corporation (FDIC). We reserve the right not to accept any Garces Gift Card or otherwise limit use of a Garces Gift Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Gift cards may used for : Food and Beverage Purchases at our Participating Locations
MAY NOT BE USE FOR: Online purchases, Special Events and Catering Sales, concession sales at venues including by not limited to; Kimmel Center, Merriam Theater, and Academy of Music.
Fees and Expiration of Card Balances
Garces does not charge any fees for the issuance, activation or use of your Garces Gift Card. Your Garces Gift Card has no expiration date.
Receipts and Statements
Cardholders are not sent statements of itemized transactions from a Garces Gift Card account. You can check the balance of your Garces Gift Card or review recent transactions on your Garces Gift Card at http://garcesgroup.com/card. You will need to have your Garces Gift Card available in order to access your account. The account balance for a Garces Gift Card also will appear on your receipt from a point-of-sale register. When you use your Garces Gift Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Garces Gift Card and will provide the remaining balance of your Garces Gift Card. You should keep your receipts and check your online statement to ensure that your account balance is correct.
Billing Errors, Corrections
We reserve the right to correct the balance of your Garces Gift Card account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Garces Gift Card, please complete the Gift Cards HELP FORM or call us at 267-284-7935. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Registration, Liability for Unauthorized Transactions
Because your Garces Gift Card is used like cash for purchases from Garces, you are responsible for all transactions associated with your Garces Gift Card, including unauthorized transactions. However, if your Garces Gift Card is lost, stolen or destroyed, the Card can be replaced with the balance remaining on it at the time of your call, but only if you have registered it with us. To register your Card, please visit garcesgroup.com/card. Please notify us immediately if you change any of your registration information.
If your Garces Group Card becomes lost, stolen or damaged, you should contact us immediately by completing the Gift Cards HELP FORM or calling 267-284-7935 . Your Garces Gift Card balance is only protected from the point in time you notify us that your Garces Gift Card is missing. We will freeze the remaining balance on your Garces Gift Card at the time you notify us and will assign that remaining balance to a replacement Garces Gift Card.
For information concerning how we collect, use and disclose information concerning the Garces Gift Card, you should refer to our privacy statement.
Changes to This Agreement
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. In addition, we will post the terms to the modified agreement on our website. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our website or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Garces Gift Cards. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice, or (2) you use your Garces Gift Card after such notice period.
Cancellation of This Agreement
We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Garces Gift Card. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Garces Gift Card account less any amounts that you may owe us.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your use of the Garces Gift Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to us by contacting our Customer Service department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (AAA) as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879 [Call: 1-800-778-7879] ) or online at adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Philadelphia, PA, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between the customer and Garces Restaurant Group, Inc, except that for claims of less than $1,000, the customer will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Governing Law – Pennsylvania
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
Garces. and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Garces Gift Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Garces does not represent or warrant that your Garces Gift Cards will always be accessible or accepted.
In the event that Garces or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Garces Gift Card. Garces and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Garces Restaurant Group, Inc. or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Garces Gift Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
Entire Agreement, Construction
This agreement is the complete and exclusive statement of agreement between you and Garces and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.